In Re Computer Learning Centers, Inc.’s Empirical Analysis
2002
Citation profile
1 district ·
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 326 · 11 U.S.C. § 330 · 11 U.S.C. § 331 · 11 U.S.C. § 502 · 11 U.S.C. § 704 · 11 U.S.C. § 721 · 28 U.S.C. § 2412
Relies on Hensley v. Eckerhart · Alyeska Pipeline Service Company v. Wilderness Society · Blum v. Stenson · Buckhannon Board and Care Home Incs v. West Virginia Department of Health and Human Resources · Johnson v. Georgia Highway Express, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In a case under chapter 7 or 11, the court may allow reasonable compensation under section 330 of this title of the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25 percent on the first $5,000 or less, 10 percent on any amount in excess of $5,000 but not in excess of $50,000, 5 percent on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3 percent of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims.”
1 later decision quote this exact passage“There is no authority for a professional to employ another professional at the expense of the estate. This is consistent with the non-bankruptcy rule that each party bears his own legal fees and expenses in litigation unless by contract the fees and expenses are shifted to another party. Holland & Knight is a professional and was not employed under § 327. See Max Rouse & Sons, Inc. v. Specialty Plywood, Inc. (In re Specialty Plywood, Inc.), 160 B.R. 627, 632 (9th Cir. BAP 1993) opinion withdrawn upon settlement by parties, 166 B.R. 153 (9th Cir. BAP 1994).”
1 later decision quote this exact passage“The court is in an excellent position to evaluate the prevailing market rate for attorney’s fees by virtue by the innumerable fee applications presented to the court, (footnote omitted). The very number of applications provides an exceptional view of the breadth and depth of the legal community and the fees charged... Absent the application of other factors ..., bankruptcy counsel should not have an expectation of compensation in excess of [market rate].”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.